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(영문) 인천지방법원 부천지원 2021.03.31 2020고단4942
공무집행방해
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On November 6, 2020, at around 00:21, the Defendant received 112 reports on “drinking drinking” in front of the Gyeonggi Kimpo-si, and measured the drinking by receiving a request from a slope D ( South, 37 years old) who is a public official of the police officer belonging to the Kimpo Police Station C of the Kimpo-si, dispatched to the site.

Since then, the Defendant, on board the patrol vehicle, obstructed the operation of the patrol vehicle in front of another 112 reported patrol vehicle that he was on board, obstructed the operation of the patrol vehicle without permission, obstructed the operation of the patrol vehicle without permission, and assaulted the Defendant, such as interfering with the body of a sloped to remove the Defendant from the patrol vehicle.

As a result, the Defendant interfered with the legitimate execution of duties of police officials concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to investigation report on a copy of a work site photograph of the police statement protocol against D (to be attached to patrol vehicles booms, video booms, and brates in the camp);

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act requires the defendant to withdraw from the control of drinking, and interferes with the legitimate performance of public duties by police officials for a considerable period of time. In light of the form of the crime and the risks resulting from the crime, the responsibility for the crime is not easy.

However, the defendant's mistake is against his own mistake, and the defendant has no other penalty force except for drinking, which is discovered together at the time of this case, etc. shall be considered as favorable circumstances.

In addition, all the sentencing conditions shown in the records and arguments of this case, such as the defendant's age, sex, environment, background leading to the crime, circumstances after the crime, etc., shall be determined as ordered by considering the following factors.

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